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1998-05-05 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE, SOUTHLAKE MAY 5, 1998 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem David Harris. Members: Scott Martin, Gary Fawks, Pamela Muller, Wayne Moffat. Newly elected Councilmembers Present: Ronnie Kendall and Debra Edmondson. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Greg Last, Director of Community Development; Karen Gandy, Zoning Adm'mistrator; Bob Whitehead, Director of Public Works; Shawn Poe, Capital Projects Coordinator; Chuck Ewings, Assistant to the Public Works Director; Billy Campbell, Director of Public Safety; John Knight, Deputy Director of Communications, Department of Public Safety; Ben Henry, Parks Projects Coordinator; Paul Ward, Chief Building Official; Kevin Hugman, Interim Director of Parks and Recreation Department; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session began at 5:10 p.m., whereby items on the agenda were discussed by the City Council and staff. The work session ended at 6:00 p.m. Agenda Item #1, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:00 p.m. The Mayor welcomed those in attendance for the meeting. INVOCATION: Mayor Pro Tem W. Ralph Evans Council adjourned into recess at 6:05 p.m. Council returned to open session at 7:00 p.m. Agenda Item #3, Approval of the Minutes of the Regular City Council Meeting of Aprll 21, 1998 The Minutes of the Regular City Council meeting held on April 21, 1998, were approved as presented. Motion: Fawks Second: Muller Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote REGULAR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 PAGE 1 Agenda Item g4-A, Mayor's Report During the Mayor's Report, Mayor Rick Stacy recognized outgoing Councilmembers Pamela Muller and David Harris, by thanking them for their hard work and dedication to the City of Southlake over the past several years. The Mayor presented them with plaques from the City. Both Muller and Harris commended on the experiences they had while serving the citizens of Southlake as eouncilmembers, urging the new Councilmembers to go forward for the betterment of the City. The Oath of Office was administered by Judge Joe Kendall to Gary Fawks, Councilmember Place 5; Debra Edmondson, Councilmember Place 4; and, Ronnie Kendall, Councilmember Place 3. Council adjourned into recess at 7:20 p.m. Council returned to open session at 7:45 p.m. Agenda Item g4-A, Continued Mayor Stacy noted the following items during his report: Coy Quesenbury with Lonesome Dove Baptist Church was present, making a brief statement about the National Day of Prayer, urging Southlake residents to attend the activity to be held on May 7, at twelve noon at Bicentennial Park. Additional comments include: Mayor Stacy reported on the Volunteer Recognition and Ribbon Cutting for the new Senior Activity Center event. This event was held on April 30 at 6:00 p.m. The Annual Kite Festival was held on May 2, 1998 at Bicentennial Park. Mayor Stacy reported on this event. Mayor Stacy stated he was invited to speak to the Leader Committee of the Christian Men's Network at a picnic on May 2, 1998. He commented that Dr. Cole, the director of the Network, is a resident of Southlake. He stated more than filly countries were represented at the picnic and that it was an honor to have been asked to speak about Southlake to the group. The Mayor's Advisory Committee (formerly Ethics Ordinance Review Committee) meeting will be held on May 13, 1998 at the Lodge at Bicentennial Park. The Joint City Council/SPIN meeting will be held on May 14, 1998 at 7:00 p.m. in the Eubank's Room at the Senior Activity Center on Parkwood Drive, Southlake. Councilmembers are urged to attend. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 PAGE 2 v~ A Commercial Developers Roundtable has been planned for May 15, 1998, Rom 10:00 a.m. to noon. This event will be held in the City Council Chambers at City Hall. ,/ The June Retreat is scheduled for June 25 and 26. Mayor Stacy asked Council to reserve these dates on their calendars. More information will be forthcoming. Mayor Rick Stacy addressed the City Council and those in attendance regarding the need for the community to join together in unity for the progress of the City. He stated, "Now that the election is over, it's time to get to work for the betterment of the City." Mayor Stacy stated a suggestion has come forward about political signs and will be presented in a more formal state in the next two weeks. He stated he and other Councilmembers have had numerous calls on political signs. He stated the City is going to have to make a decision to enforce the existing ordinance regarding campaign signs. He noted it was the worst display of political signs he has ever seen; signs were spread everywhere and in the right-of-ways. Most of the signs say on them that they should not be placed in the right-of-way. He stated he feels after experiencing this campaign, Council will support enforcing the sign ordinance. Councilmember Kendall stated she believes we should follow the ordinance, but she also believes, foremost that the City follow the Constitution. She said, "We have a bigger right here and it is a Constitutional right to display these signs." She stated she feels it is not right to put signs in the fight-of-ways. Agenda Item g4-B, City Manager's Report No report was made tonight by the City Manager. Agenda Item g4-C, SPIN Report David Baltimore, SPIN #12, began the report by welcoming the new Councilmembers and asked them to support the SP1N program as Councilmembers in the past have supported the program. Mr. Baltimore noted the boundary lines of SPIN #12, stating it is a neighborhood of older Southlake residences. He said they are now enjoying the results of the Neighborhood Sewer Program. Agenda Item #5, Consent Agenda The consent agenda items consisted of the following: 5-A. Award of bid to Reynolds Asphalt, Inc. for reconstruction and paving improvements to Burney Lane from the cul-de-sac to approximately 1,250 feet along Burney Lane. 5-B. Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the design of water system improvements, consisting of a 12-inch water line extending along Dove Street, from White Chapel Boulevard to North Carroll Avenue. REGULAR CITY COUNCIL MEETING MINUTES OF M/IY 5, 1998 P.4GE 3 Authorize the Mayor to enter into a professional services agreement with Dunaway Associates, Inc. for the design of a sanitary sewer line in Southlake Estates (Love Hem-g Court). 5-D. Resolution No. 98-33, Approving the execution of the grant agreement with the Texas Department of Transportation for the Cottonbelt Multi-Use Trail Project. 5-E. Resolution No. 98-32, Establishing boundary adjustments between the City of Grapevine and City of Southlake. 7-E. Resolution No. 98-30 (ZA 98-027), Specific Use Permit for Explorer Pipeline. This item was tabled until June 2, 1998 City Council meeting at the request of the applicant. Ordinance No. 653, 1st reading, Amending Ordinance No. 653, Creating a Senior Advisory Commission, to increase membership from six to seven, modify qualifications and provide for other miscellaneous wording changes. Motion was made to approve consent agenda items #5-A, #5-B, #5-C, #5-D, #5-E, tabling #7-E, until the June 2, 1998 City Council meeting, continuing the public heating, and approving item #8-A, as discussed. Motion: Fawks Second: Martin Councilmember Edmondson commented with regard to agenda item #5~C, asking that staff contact the homeowners on Love Henry Court appraising them of the time frame that the street improvements will be made. Mayor Stacy read the consent agenda items into the record. Ayes: Fawks, Martin, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS Award of bid to Reynolds Asphalt, Inc. for reconstruction and paving improvements to Burney Lane from the cul-de-sac to approximately 1,250 feet along Burney Lane. Funds were allocated in the Capital Improvements Budget for FY 1996-97. Staff recommends the bid be awarded to Reynolds Asphalt, Inc. in the amount of $64,523. Professional Services Agreement with Cheatham and Associates for the design of water system improvements consisting of a 12-inch water line extending along Dove Street, from White Chapel Boulevard to North Carroll Avenue. The proposed water line will create higher capacity loop to ensure continuous water service to the northeast part of the City in the event of a line break. Cheatham and Associates have provided a proposal for REGULAR CITY COUNCIL MEETING MINUTES OF M/IY 5, 1998 PAGE 4 the engineering and design of the water line at a cost of $39,575. The CIP Budget provides a total of $285,000 for this project. The engineering costs are provided for in the FY 97-98 CIP budget and the construction costs are provided for in the FY 98-99 CIP budget. Professional Services Agreement with Dunaway Associates, Inc. for the design of a sanitary sewer line in Southlake Estates (Love Henry Court). The proposal from Dunaway Associates, Inc. is for the engineering and design of the proposed sanitary sewer. The total cost provided by the proposal for the design is $13,500. Funding for this project is in the FY 97-98 CIP budget. Resolution No. 98-33, Approving the execution of the grant agreement with the Texas Department of Transportation for the Cottonbelt Multi-Use Trail Project. The City of Southlake received a grant from the Texas Department of Transportation through the Statewide Transportation Enhancement Program and the Congestion Mitigation and Air Quality Program to develop and construct a portion of the Cottonbelt Multi-Use Trail. This grant provides 80% of the fimding for the project, leaving the city responsible for only 20%, which in Southlake's case is only $48,000. In conjunction with the cities of Colleyville and North Richland Hills, this section of the Cottonbelt Multi-Use Trail will be constructed along S.H. 26 fi.om Precinct Line Road to the Grapevine city limits. The three cities have combined their efforts on this project, with North Richland Hills taking the lead on the development and construction of the trail. Resolution No. 98-32, Establishing boundary adjustments between the City of Grapevine and the City of Southlake. On March 3, 1998, Resolution No. 98-18, was executed reducing the extra-territorial jurisdiction of the City of Southlake along S.H. 26. This area includes portions of the railroad right-of-way that extend between the city limits of Southlake and Grapevine. The City of Grapevine adjusted its boundaries to include this area on April 7, 1998. The City of Southlake has agreed to adjust its boundaries to include the remaining portion of railroad ROW, which includes the railroad crossings at the intersecton of S.H. 26 and South Kimball Avenue, and the intersection of S.H. 26 and Brumlow Avenue. Resolution No. 98-30 (ZA 98-027), Specific Use Permit for Explorer Pipeline, on property legally described as being Tract 1B1A situated in the Harrison Decker Survey, Abstract No. 438, Tract 4B and 4C, situated in the C.B. McDonald Survey, Abstract No. 1013, and Tract lB situated in the Payton R. Splane Survey, Abstract No. 1453, and being approximately 16.48 acres of land. This item was tabled time certain June 2, 1998, at the request of the applicant, continuing the public hearing until that date. Ordinance No. 653-A, 1st reading, Amending Ordnance No. 653, Creating a Senior Advisory Commission, to increase the membership from six to seven, modify qualifications and provide for other miscellaneous wording changes. The public hearing is set for May 19, 1998. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 PAGE 5 Agenda Item #6, Public Forum David Baltimore, 1368 Holland Hill, Southlake. Mr. Baltimore stated he wanted to publicly thank the City Secretary, Sandra LeGrand, and the Election Judge, Aloha Payne, for their support and help during the May 2, 1998 City and CISD General and Special Elections where he served as Election Judge for CISD. Agenda Item #7-A, Ordinance No. 480-273, 2"d reading (ZA 98-006) Creekside Office Ordinance No. 480-273, 2"a reading (ZA 98-006), Rezoning and Site Plan for Creekside Office, J.V. on property legally described as being Tracts 2D and 5C situated in the O.W. Knight Survey, Abstract No. 899, and being approximately 1.963 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "O-1" Office District. Applicant: Creekside Office, J.V. Owner: Westerra Timarron, L.P. Karen Gandy, Zoning Administrator, commented nine (9) notices were sent to property owners within the 200' notification area and four (4) responses have been received from: Carolyn Hayes, 807 East Southlake Boulevard, undecided; Zena and William Rucker, 650 South Carroll Avenue, Southlake, in favor of; Bill Baker, 711 East Southlake Boulevard, Southlake, in favor of; and, Joe Baker, 711 East Southlake Boulevard, Southlake, in favor of. Ms. Gandy noted on April 21, 1998, the City Council approved the first reading of Ordinance No. 480-273, subject to the Site Plan Review Summary No. 3, dated April 3, 1998, granting no variances. It was noted that the applicant has revised the submittal to reduce the number of variances. The major changes in this plan are as follows: a) reduced size of north building (building "A") from 7593 sq.ft, to 5998 sq.ft.; b) relocated east drive off of property line and provided the required bufferyard; c) provided the required landscape area at the front and sides of the buildings; and, d) complied with building articulation requirements. Terry Wilkinson, 930 Parkview, Southlake. Mr. Wilkinson responded to questions asked regarding the flood plane, stating, the creek is on the Baker's property and they are doing a creek study to determine where the property line is located. They intend to add fill to bring the property out of the flood plane. There will be a finished floor elevation noted on all buildings and on the the property. He stated at the last reading there were three primary objections that he understood and they include: 1) density of the building on the lot. He has cut the building down by 1600 sq.ft, adding more landscaping on the new plan; 2) Land Use Plan shows this property to be residential; and, 3), the property to the east may in fact be developed as residential, therefore, a 40' set-back must be provided. They do not have a 4:1 side slope. To meet this requirement, they can lower the pitch of the building. He noted the Baker's plan is to come before the Council for a zoning change for office use. East of the property is the Rucker tract. He noted their intention is to also request office zoning when they move forward with their property. He added, "Mrs. Rucker is in favor of a common drive." REGULAR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 PAGE 6 PUBLIC HEARING: Zena Rucker, 650 South Carroll Avenue, Southlake. Ms. Rucker stated her property on F.M. 1709 adjoins the property in question. She commented on the "tails" on the Wilkinson property. She noted she wants to see a common drive if there request is approved. She stated she does plan to ask for a zoning change on her property to office zoning. She stated she feels Mr. Wilkinson is asking for what the City is asking for. Ms. Rucker stated she does not want a fence built and will have similar architecture on her building as on the Wilkinson property. She stated she is in favor of the plan with the common drive. Councilmember Wayne Moffat commented that this plan is what the City is looking for; a campus style project. He noted the developer has dropped the building size and the adjoining property owners have endorsed this project. He stated over-all it is a good thing for the City. Councilmember Gary Fawks stated his concerns have not changed. He is still concerned with the depth of the property in the residential corridor. He stated he feels the developer is putting too much on this site. Fawks said, "If it is going to be office that deep, it needs to be done in a less intense manner with smaller buildings." Councilmember Scott Martin stated he feels Council cannot disregard the "tail" of this property. He wants to save the creek as it can impact all the properties downstream to Big Bear Creek. Martin added, he is in favor of reducing the parking spaces and having a common access drive. Motion was made to approve Ordinance No. 480-273, 2nd reading (ZA 98-006) subject to the Site Plan Review Summary No. 4, dated May 1, 1998; it is noted that the motion is based upon the newly submitted plan presented to Council tonight and not based on the summary review letter; item #l-A, allowing the bufferyards as shown on the plan to the left adjacent to the south edge of paving rather than the south property line; item #2-A, waiving to allow the driveways as shown; item #3 regarding fences, waiving to eliminate the fences on both the east and west property lines; item #4 waived to allow 45 parking spaces and allow the applicant to remove the parking stalls throughout the site to allow more landscaping; item #5-A and #5-B, waived to allow the building located as shown; additional comments: waive the requirement for the east bufferyard and relocate those plantings to the interior of the site; and with the condition that any retaining walls would be stone along the west side of the building. Motion: Mo ffat Second: Evans Ayes: Evans, Martin, Moffat, Kendall, Stacy Nays: Fawks, Edmondson Approved: 5-2 vote Agenda Item #7-B, Ordinance No. 622-B, 2"a reading, Amending Ordinance No. 622~ Building Board of Appeals Ordinance No. 622-B, 2"a reading, Amending Ordinance No. 622, Providing the Building Board of Appeals the authority to hear appeals pertaining to the cross-connection policy. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 PAGE 7 Curtis Hawk, City Manager, presented Ordinance No. 622-B for second reading, noting Council approved this item on first reading, noting this ordinance delegates the authority to hear the appeals of customers whose service has been terminated to the Building Board of Appeals. There are no other changes in the ordinance as initially passed. Bob Whitehead, Director of Public Works, pointed out a couple of typographical errors that need to be corrected in the ordinance. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 622-B, 2nd reading as presented. Motion: Fawks Second Martin Ayes: Fawks, Martin, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-C, ZA 98-028, Concept Plan for Florence Elementar~ School ZA 98-028, Concept Plan for Florence Elementary School, on property described as being Tracts 1F and 1G situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 14.25 acres. Current zoning is "CS" Community Service District. Applicant: Cheatham & Associates. Owner: Keller I.S.D. Karen Gandy, Zoning Administrator, commented that eighteen (18) notices were sent to property owners within the 200'notification area and two (2) written responses have been received from: Walter Brurnbalow, 2901 West $outhlake Boulevard, Southlake, in favor of; and, Johnnie Brurnbalow, 3002 West Southlake Boulevard, Southlake, in favor of. Eddie Cheatham, Cheatham and Associates, 1601 East Lamar, Suite 200, Arlington, Texas. Mr. Cheatham stated he is present representing the KISD and introduced Bryan Tucker with Cheatham and Associates. Councilmember Scott Martin asked if there has been conversations regarding the existing parking lot and a new parking lot on Harrell Drive. Mr. Tucker stated it is the school's desire to keep the parking separate. There are thirty parking spaces and they promised the people the parking would remain separate as a condition of the bond issue. The people will go to the library through the existing building. Curtis Hawk, City Manager, stated the school is adding a 5,550 sq.ft, library/driveway/fire lane and parking area and did not have an approved Concept Plan for these additions. The Planning and Zoning Commission recommended approval (6-0) waiving the south bufferyard and recommending KISD staff work with park staff in regard to additional plantings and sidewalk locations. REGUL.4R CITY COUNCIL MEETING MINUTES OF M~IY 5, 1998 P.4GE 8 PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 98-028, Concept Plan for Florence Elementary School, pursuant to Concept Plan Review Summary No. 1, dated April 17, 1998; eliminating the bufferyard along the south property line item gl; amending the comment in item #2 to require the KISD to work with the City regarding the placement of additional plantings in conjunction with the development of the park; as well as, amending the comment in item #4 to read, "sidewalks are required in conformance with the joint park plan development." Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-D, ZA 98-019, Site Plan for Lot A, Block C~ Briarwood Estates, Phase I ZA 98-019, Site Plan for Lot A, Block C, Briarwood Estates, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.111 acres. Current zoning is "C-2" Local Retail Commercial District. Owner and Applicant: Colonial Financial Services, Inc. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owners within the 200' notification area and one (1) written response has been received fi.om: Jack Brewer, 1800 East Northwest Parkway, Southlake, in favor of. Ms. Gandy stated on April 23, 1998, the Planning and Zoning Commission approved (6-0) subject to the Site Plan Review Sununary No. 2 dated April 17, 1998, granting relief on items #1d (4:1 slope), #5b (driveway spacing), and #5-c (non-residential access fi.om local streets), and explicitly accepting the applicant's agreement to meet all of the other review items. Curtis Hawk, City Manager, pointed out that the applicant made a commitment to the Planning and Zoning Commission to meet the building articulation requirements along the rear of the building. The changes that were made further minimized the non-compliance in comparison to the previous plan. Hawk commented that this is a one-time public hearing required by the Corridor Overlay provisions. Ray Cox, owner and principal of C2D, a residential and commercial design firm located at 501 South Carroll, Denton, Texas. He stated he is present, presenting Colonial Financial Services, and Mr. Joe Davis, a co-owner and resident of Southlake. Mr. Cox stated recently they appeared before the Planning and Zoning Commission and were offered an opportunity to get some relief on item #l-A, articulation on the rear elevation of the building. Since that time, they have come back trying to comply with the articulation requirement. In order to get 100% compliance, they would have to go through considerable redesign of the building. Tonight they are asking Council to allow them to leave things as they are and to accept the substantial compliance that they have obtained with this articulation. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 P. dGE 9 Councilmember Kendall asked Mr. Cox questions about the proposed roof material of the structure. She asked Mr. Cox if they were open to changing this type roof. Mr. Cox stated the roof will be a stand'rog seam metal roof and it might be a blue or green color, expressing that they chose the standing seam metal roof because it is longer lasting, with less maintenance. He also stated this type roof is more expensive. Councilmember Scott Martin had questions regard'rog the need for a cross-access easement to the west from his property to the Brewer property to the west. A discussion was held regarding the driveway. Mr. Cox stated the major decision to not stub out to the west is because of the slope and trees. Mr. Cox stated the topography is the reason for not stubbing to the west. If Council suggests a common drive, he suggests it be on the west of his property. Kent Key, developer of the property, stated they have no problem to having a stub-out up front. They will be glad to put in the stub-out up front, and not in the back because of the topography and the trees. He stated they cannot do with less parking spaces as they need the spaces for the employees. PUBLIC HEARING: No comments were made during the public hearing. Councilmember Fawks stated for the record that this is a "C-2" zoned property on State Highway 114, and is being submitted with 65% of impervious coverage. Motion was made to approve ZA 98-019, Site Plan for Lot A, Block C, Briarwood Estates, Phase I, subject to Site Plan Review Summary No. 3, dated May 1, 1998; allowing the articulation as shown on the rear of the building; allowing the slope encroachment as submitted; allowing the driveways as shown; including the non-residential access to Briarwood Drive; and recognizing the applicant's commitment that the metal roof will be of a color other than silver or gray or unpainted; also recognizing the applicant's commitment to provide cross-access easement to the Brewer property to the west. Motion: Fawks Second: Martin Ayes: Fawks, Martin, Moffat, Evans, Edmondson, Stacy Nays: Kendall Approved: 6-1 vote Agenda Item No. 9-A, Resolution No. 98-29, Appointment of a Ma}for Pro Tem and Deputy Mayor Pro Tem Curtis Hawk, City Manager, stated Section 2.07 of the Southlake City Charter provides for annual appointments of a Mayor Pro Tem and a Deputy Mayor Pro Tern. The Charter states, "the Mayor shall, with the approval of the Council, appoint one of the members as Mayor Pro Tem and one as Deputy Mayor Pro Tem who shall hold their offices for one year." REGULAR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 PAGE 10 Motion was made to approve Resolution No. 98-29, appointment of W. Ralph Evans as Mayor Pro Tern, and Scott Martin as Deputy Mayor Pro Tern for a one year term. Motion: Fawks Second: Kendall Ayes: Fawks, Kendall, Evans, Edmondson, Martin, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item gl0-A, Sign Variance For Scooter's Superstore at 2115 East S.H. 114. Billy Campbell, Director of Public Safety, outlined the request for a monument sign on Kimball Avenue. He noted that the sign complies with the current ordinance, except for the reader board issue. The applicant states that reader boards signs of this nature have been allowed at the Texaco station across Kimball and the Chevron station on F.M. 1709. Chuck Bloomberg, Plans Examiner, explained that Mr. Jim Ridenour of Texas Petro has applied for a variance to allow a reader board sign to display the gasoline price. Due to their comer location the store is permitted to have a monument sign on Kimball Avenue and a fi'eestanding sign on Highway 114. Their request is to have the reader board panel on the freestanding sign only as shown on the drawings presented tonight. Councilmenxber Gary Fawks stated in looking at the site, he feels there is no reason to give the variance as requested, as he does not believe the elevation is such to merit the variance. Mr. Jim Ridenour of Texas Petro, stated the monument sign would work at this time, but questioned whether it would in a couple of years to come. After discussion, motion was made to approve the sign for Scooter Sup~rstore, 2115 East S.H. 114, with a revised design as submitted this evening; allowing a maximum sign face of 100 sq.ft, and a maximum overall height of 14 feet as measured from the top of curb in the parking lot, including the 2 foot berm and the 2 foot enclosed brick base as discussed this evening. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council will be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076, to seek consultation with our City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or value of real property, a negotiated contract for a prospective girl or donation to the City, to deliberate the appointment and evaluation of public officials, to confer with one or more REGUL.4R CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 P.4GE 11 employees to receive information from or to question the employees, and to deliberate the deployment, or specific occasions for implementation of security personnel or devices.. Council adjourned into executive session at 10:35 p.m. Council returned to open session at 11:45 p.m. Agenda Item #2-B, Action Necessary/Executive Session Motion was made to authorize staffto settle the damages claim on the Bnmson property in the amount of $3, 375. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Edmondson, Martin, Moffat, Kendall, Stacy Nays: None Approved: 7-0 vote Motion was made to authorize staffto proceed with purchase of the McKee Water System for the amount of $I0,000. Motion: Fawks Second: Moffat Ayes: Fawks, Moffat, Kendall, Evans, Edmondson, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the meeting at 11:50 p.m. ATTE~ Sandra L. LeG-rand City Secretary \WP-FILESWI1NUTESWIin-cc-5-5-98.doc REGUIMR CITY COUNCIL MEETING MINUTES OF MAY 5, 1998 PAGE 12 74!/ G ' iiitTh ( i,,A-A, -2-‘,3-, -\, „ LF* _sr-L=1A ib-- 3 . 3 t. 1H L-f ,.-- it r c-,w I ,, jZILo. v1/4L 6 ° . J J — ! il�+L w►AS y F • ��� t�tNLhr� 4 0 4 ,_�r (�lw l- IL✓)It!) G 0 Q 'l IC IL N ^� c..1 c.- W 1 PUIisJiL n 0 - , r r av s � �_ 2 _ 6 , &t c.-11__ 1— C.C, IZ c —� I 1, -} ( ( i O 1 L i ' L 1 E, 13" crr N g 7 x 4 gi 1 3. (01 Li l04 i City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, SCOTT F. MARTIN solemnly swear (or affirm) that I will faithfully execute the duties of a DEPUTY MAYOR PRO TEM, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Scott F. Martin SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 5 DAY OF MAY, 1998. f 99.1J7'67/4 sc:214(. ■,/ 01 S. Mayor Rick Stacy try ■ ATTEST: , * J �t• * 4 1441/1A Sandra L. LeGrand City Secretary 1' City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, GARY FAWKS do solemnly swear (or affirm) that I will faithfully execute the duties of COUNCILMEMBER PLACE 5 of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (of affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding of a vote at the election at which I was elected. So help me God." '- ' --_ -- awks SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 5TH DAY OF MAY, 1998. ��`�` ..1 1 A , 'Cr" Jud •Joe Kendal _= 0: #- ATTEST: u , /4 s,,,,,,„ r 9 Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, RONNIE KENDALL do solemnly swear (or affirm) that I will faithfully execute the duties of COUNCILMEMBER PLACE 3 of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (of affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding of a vote at the election at which I was elected. So help me God." 1 -7-uf 4/64 Ronnie Kendall SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 5TH DAY OF MAY, 1998. W/41/ o \Yc H!- �k''f. Judg Joe Kendall o — ATTEST: 'r 17 . AAA . IL(✓ dr � �►���t►►! Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, W. RALPH EVANS solemnly swear (or affirm) that I will faithfully execute the duties of a MAYOR PRO TEM, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." i ' - 11 -- . Fr 7 / PRociA9---' W. Ralph Ev . ' s SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 5 DAY OF MAY, 1998. triC 0HLg 5 ' ".•���'. ' Mayor Rick Stacy ATTE �` = a J i y ily 0 Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, DEBRA EDMONDSON do solemnly swear (or affirm) that I will faithfully execute the duties of COUNCILMEMBER PLACE 4 of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (of affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding of a vote at the election at which I was elected. So help me God." D !a Debra ondson � - SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 5TH DAY OF MAY, 1998. co o Jud Joe Kendall 0 4 ,- :m ATTEST: % ..,, o� 1440 - Sandra L. LeGrand City Secretary